High Court for State of TelanganaWP/21519/2016dismissed

M/S.Sree Siddi Vinayaka Minerals v. The Branch Manager,

2016-10-13C.V.Nagarjuna Reddy,Gudiseva Shyam Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION No.21519 OF 2016 DATED: 13-10-2016 M/s. Sree Siddi Vinayaka Minerals, Rep. by its Proprietor, Smt. Gonuguntla Latha. W/o. Gonuguntla Rajini Kumar, R/o.D.No.5/56, Eswar Reddy Nagar, Near Ramalayam, Prodedatur Town, YSR Kadapa District.

--- Petitioner.

And The Branch Manager, Union Bank of India, D.No.5/487, Koduru-Chitvel Road, Kodur (Railway), YSR Kadapa District and another.

--- Respondents.

Counsel for the petitioner :

Mr. Nagaraju Naguru.

Counsel for the respondent Nos.1 & 2 :

Mr. B.S. Prasad.

This Court made the following:

CVNR, J & GSP, J WP No.21519/2016 ORDER: (Per Hon'ble Sri Justice C.V. Nagarjuna Reddy) This Writ Petition is filed challenging the action of the respondents, in seizing the factory of the petitioner, in pursuance of order, dated 05.01.2016, passed by the District Collector. After filing of this Writ Petition, the petitioner has filed W.P. No.23404 of 2016 questioning the aforementioned proceedings, dated 05.01.2016, of the District Collector and also the consequential action of taking possession vide proceedings dated 12.08.2015. The said Writ Petition was withdrawn by the petitioner with liberty to it to make a representation to the respondents, bringing to their notice, the changed circumstances and request for their indulgence.

In view of the said order, which was passed after filing of the present Writ Petition, the petitioner cannot expect any further relief. Therefore, the Writ Petition is dismissed, with the same liberty as was given to the petitioner in W.P. No.23404 of 2016. If the respondents do not favourably consider the petitioner's representation, the latter shall be free to avail the remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the concerned Debts Recovery Tribunal. As a sequel to dismissal of the Writ Petition, W.P.M.P. Nos.26419 and 32840 of 2016, shall stand dismissed as infructuous. ________________________ C.V. NAGARJUNA REDDY, J ________________________ G. SHYAM PRASAD, J Date: 13-10-2016.

Dsh

CVNR, J & GSP, J WP No.21519/2016 THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD 18102016 WRIT PETITION No.21519 OF 2016 (Order of the Division Bench delivered by Hon'ble Sri Justice C.V. Nagarjuna Reddy) Date. 13-10-2016 DSH